Agenda 06/27/2017 Item #16A1406/27/2017
EXECUTIVE SUMMARY
Recommendation to approve a resolution to 1) establish standard templates for Right -of-Way Use
Performance Bond Agreements and accompanying Performance Bonds, and 2) delegate to the
County Manager or designee the authority to execute Right-of-Way Use Performance Bond
Agreements for collocating small wireless facilities on County utility poles on behalf of the Board of
County Commissioners (This is a companion item to Agenda Items 16A13 and 17F)
OBJECTIVE: To have the Board of County Commissioners (Board) 1) approve the standard template
for Right-of-Way (ROW) Use Performance Bond Agreements and Performance Bonds, and 2) delegate to
the County Manager or designee the authority to execute ROW Use Performance Bond Agreements for
collocating small wireless facilities on County utility poles on behalf of the Board.
CONSIDERATIONS: In 2017, the Florida Legislature enacted HB 687, known as the “Advanced
Wireless Infrastructure Deployment Act” (The Act) and codified in Florida Statutes 337.401. T he Act
requires local governments to accept applications for permits for the collocation of small wireless
facilities in the public ROW, and authorizes a local government to require performance bonds to be
posted for the use of the ROW for this purpose. Accordingly, a companion item for the adoption of an
ordinance establishing a new permitting process and requirements for communications facilities,
including small wireless facilities, in the County ROW is on today’s agenda for consideration by the
Board. The new permitting process includes a requirement to submit a “Right-of-Way Use Bond” for
collocating small wireless facilities on County owned utility poles. In order to implement the bonding
process, the proposed resolution includes a standard template for Right-of-Way Use Performance Bond
Agreements and Performance Bonds for use as a guide when preparing bonding instruments for the
collocation of small wireless facilities on County owned utility poles.
The Board has previously delegated authority to execute other similar bonds such as Excavation, Early
Work Authorizations, and Site Development Plan Bonds. Accordingly, the proposed resolution also
delegates the Board’s authority to execute ROW Use Performance Bond Agreements. Authorizing the
County Manager or designee to execute the standard agreements on behalf of the Board will save four to
six weeks in the issuance of these permits. This is valuable time for the applicant and will also allow staff
to dedicate time and resources to other petitions, and increase overall efficiency of the ROW permit
review process.
This action does not bind the Board to expend funds nor does it authorize staff to release Right -of-Way
Use Bonds without further Board approval.
FISCAL IMPACT: There is no fiscal impact is associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: To approve the Resolution to 1) establish standard templates for Right -of-Way
Use Performance Bond Agreements and Performance Bonds, and 2) delegate to the County Manager or
designee the authority to execute Right-of-Way Use Performance Bond Agreements for collocating small
wireless facilities on County utility poles on behalf of the Board of County Commissioners.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
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ATTACHMENT(S)
1. Bond Templates Resolution 6-19-17 signed (PDF)
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06/27/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 3387
Item Summary: Recommendation to approve a resolution to 1) establish standard templates for
Right-of-Way Use Performance Bond Agreements and accompanying Performance Bonds, and 2)
delegate to the County Manager or designee the authority to execute Right-of-Way Use Performance
Bond Agreements for collocating small wireless facilities on County utility poles on behalf of the Board
of County Commissioners. (This is a companion to Agenda Items 16A13 and 17F)
Meeting Date: 06/27/2017
Prepared by:
Title: Planner, Senior – Growth Management Development Review
Name: Jeremy Frantz
06/19/2017 4:54 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/19/2017 4:54 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/19/2017 5:04 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/19/2017 5:31 PM
Growth Management Department Jeremy Frantz Level 2 Division Administrator Skipped 06/16/2017 5:03 PM
Growth Management Department James French Additional Reviewer Completed 06/19/2017 5:54 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 06/20/2017 1:08 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/20/2017 1:11 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/20/2017 2:16 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2017 3:53 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/20/2017 4:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM
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Packet Pg. 806 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds)
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Packet Pg. 807 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds)
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Packet Pg. 808 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds)
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Packet Pg. 809 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds)
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Packet Pg. 810 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds)
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Packet Pg. 811 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds)
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Packet Pg. 812 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds)